SUNIL RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed by the bail/applicant/accused, under, Section 439 Cr. P.C., wherethrough he seeks indulgence, of his being ordered to be released from judicial custody, whereat, he stands extantly lodged, for, his allegedly committing offences, constituted under Section 20, 21, 22 61-85 of the ND&PS Act, under FIR No. 252 of 2018, dated 13.10.2018, registered with Police Station, Nalagarh, District Solan, H.P.

(2.) The instant petition, warrants, an, adjudication being meted, vis-a-vis, (a) the aggregate or the total, of, the Whether reporters of the local papers may be allowed to see the judgment? banned psychotropic substance, rather comprising the apposite parameter, for, making a further determination, qua, thereupon, the purported recovery(ies), thereof from, the alleged conscious and exclusive possession of the petitioner, being amenable, for, being categorized, as, (a) commercial quantity or more than commercial quantity thereof, (b) AND the aggregate or the gross weight, of, the entire contents, as, carried in the recovered psychotropic substance, likewise constituting the reckonable parameter, for making the apt determination, qua effectuation, of recovery(ies) thereof, from, the exclusive, and, conscious possession, of, the accused, being, hence construable to be (i) small quantity or (ii) more than small quantity or (ii)commercial quantity thereof.

(3.) In FIR No. 252 of 2018, of, 13.10.2018 registered against accused/petitioner herein, the FSL concerned, (i) qua the 15 bottles, whereamongst, (a) qua 5 bottles containing wincirex chlorpheniramine codeine phosphate syrup, (b) qua 2 bottles containing chlorphemizamine maleate codeine phosphate, ( c) and, qua eight bottles without wrapper, has opined that (d) the quantity of codeine phosphate in the afore 15 bottles, being 1785.250 gms (e) however 29.740 grams of charas (f) and 0.270 mg of Heroin, allegedly recovered, from, the exclusive and conscious possession of accused hence renders them to fall, within, the category, of less than commercial quantity thereof, and, thereupon, the rigor(s) of statutory provisions of Section 37 of the NDPS Act, are not applicable qua them.